After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. The Owner, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.
A Change Order shall be a written order to the Contractor signed by the Owner to change
the Work, Contract Sum or Contract Time.
Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the City of Nashua
Board of Public Works and the City of Nashua Finance Committee vote prior to
proceeding.
The Owner will have authority to order minor changes in the Work not involving changes in
the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract
Documents. Such changes shall be written orders and shall be binding on the Owner and
Contractor. The Contractor shall carry out such written orders promptly.
If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable
adjustment following authorization of the Owner to the charges.
ARTICLE 9 — TIME
1.
2.
Time limits stated in the Contract Documents are of the essence to the Contract.
If the Contractor is delayed at any time in progress of the Work by changes ordered in the
Work, or by labor disputes, fire, unusual delay in deliveries. unavoidable casualties or
other causes beyond the Contractor's control, the Contract Time shall be extended by
Change Order for such reasonable time as may be determined.
ARTICLE 10 —- PAYMENTS AND COMPLETION
1
The Contract Sum stated in the Agreement. including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents
At least ten days before the date established for each progress payment, the Contractor
shall submit an itemized Application for Payment for operations completed in accordance
with the values stated in the Agreement. Such application shall be supported by such data
substantiating the Contractor's right to payment as the Owner may reasonably require.
Application for Payment performed under this agreement shall be submitted directly to:
City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Attn:
To facilitate the proper and timely payment of applications, the City of Nashua
requires that all applications contain a valid PURCHASE ORDER NUMBER.
The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment, all Work for which Certificates for Payment
have been previously issued and payments received from the Owner shall, to the best of
the Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or other encumbrances adverse to the Owner's Interests.
AG-6
